MSRD_HVAC_solicitation_final.pdf

129AC719Q0030

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/25/2019 958088

1 2

R5 NO-CAL ACQ SERVICE AREA NCASA

3644 AVTECH PARKWAY SUITE 180

REDDING CA 96002

USDA FOREST SERVICE

10/15/2019

PAUL WOOD

NO CA ACQUISITION SERVICE AREA

3644 AVTECH PARKWAY

REDDING

CA 96002

530 ncasacontracting@fs.fed.usPAUL WOOD

07/24/2019 1300 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Mount Shasta Ranger District Main Office HVAC System Replacement Shasta-Trinity National Forest

NAICS: 238220

Size Standard: $15.0 Million Set Aside: 100% Total Small Business

DUNS:___________________________________

Email: _________________________________ Period of Performance: 09/15/2019 to 10/15/2019

001 Mt Shasta Main Office HVAC Replacement Shasta-Trinity National Forest Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

CONSTRUCTION RFQ

Mount Shasta HVAC Replacement 129AC719Q0030 Shasta-Trinity National Forest Page 2 of 24

Table of Contents

PART I: THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS/SCHEDULE OF ITEMS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

C.2 Project Location

C.3 Bio-Based Materials

C.4 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

SECTION D--PACKAGING AND MARKING

SECTION E--INSPECTION AND ACCEPTANCE

SECTION F--DELIVERIES OR PERFORMANCE

FAR 52.211-10 Commencement, Prosecution, and Completion Of Work (APR 1984)

SECTION G--CONTRACT ADMINISTRATION DATA

Post-Award Conference

Invoice Submission Procedures

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Worker’s Compensation Insurance

Contractor License Requirements

Permits

Warranty

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

I.2 52.219-28 Post-Award Small Business Program Rerepresentation. (Jul 2013)

I.3 FAR 52.222-23 Notice of Requirement For Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

I.4 FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)

I.5 FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008)

I.6 FAR 52.225-9 Buy American - Construction Materials (MAY 2014)

I. 7 FAR 52.228-13 Alternate Payment Protections (Jul 2000) **Applicable When Contract Exceeds $35,000.00**

I.8 FAR 52.215-8 Order of Precedence—Construction

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1 FAR 52.204-8 Annual Representations and Certifications (Oct2018)

K.2 FAR 52.219-28 Post Award Small Business Program Representation (Jul 2013)

K.3 FAR 52.223-1 Biobased Product Certification (MAY 2012)

K.4 AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO QUOTERS

L.1 FAR 52.216-1 Type of Contract (APR 1984)

L.2 FAR 52.236-27 Site Visit (Construction) (FEB 1995)

Shasta-Trinity National Forest Page 3 of 24

L.3 FAR 52.225-10 Notice of Buy American Act Requirement--Construction Materials (MAY 2014)

L.4 AGAR 452.204-70 Inquiries (FEB 1988)

L.5. Instructions for Submitting Quotes

L.6 Electronic Submissions

SECTION M--EVALUATION FACTORS FOR AWARD

M.1 Evaluation of Quotes

Shasta-Trinity National Forest Page 4 of 24

PART I: THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS/SCHEDULE OF ITEMS

Mount Shasta HVAC Replacement Shasta-Trinity National Forest

OPTION

011100(02) Energy Efficient Upgrade LS 1 $_________ $_________

TOTAL BASE & OPTION= $____________

B.1 Option for Increased Quantity—Separately Priced Line Item (FAR 52.217-7) (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor by 9/15/2019. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

ITEM # DESCRIPTION UNIT ESTIMATED

QUANTITY

UNIT RATE TOTAL PRICE

BASE PROJECT

011100(01) Mount Shasta Main Office HV LS 1 $_________ $_________

Shasta-Trinity National Forest Page 5 of 24

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Scope of Work

The extent of this contract is to remove the existing oil-fired furnace and air conditioning units and install a working new HVAC system in the Main Office (building 2008) of the Mt. Shasta Ranger Station.

The work shall include but not be limited to removal/ disposal of the existing furnaces, fuel lines, fuel tank, ducts, plenum, thermostat, etc.; installing new exterior concrete pads for the heat pumps;

installing new interior and exterior units; new insulated refrigerant lines; insulated ducts; wall mounted wireless thermostats, etc.; upgrading electrical panel and subpanel, wiring and circuits to accommodate increased electrical loads (additional zone, heat pumps and heat strips), and all additional materials, work and labor needed for a complete and working HVAC system.

C.2 Project Location

The project is located at the US Forest Service Mount Shasta Ranger Station, off Interstate 5, in the City of Mount Shasta, CA.

C.3 Bio-Based Materials

While bio-based materials are not expected to be furnished for performance of this contract, the Contractor is encouraged to recommend to the Government the use of any bio-based materials that are appropriate for the requirement, reasonably and presently obtainable, and known by the Contractor to be technically acceptable alternatives to non bio-based industry standard products.

C.4 AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made a part of this solicitation and any resultant contract. See Table of Contents within the special project specifications for list of included special project specifications.

Shasta-Trinity National Forest Page 6 of 24

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

SECTION E--INSPECTION AND ACCEPTANCE

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/far AGAR: http://www.dm.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

INCORPORATED BY REFERENCE

FAR 52.246-1 Contractor Inspection Requirements (APR 1984) FAR 52.246-12 Inspection of Construction (AUG 1996)

SECTION F--DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

INCORPORATED BY REFERENCE

FAR 52.242-14 Suspension of Work (APR 1984)

FAR 52.211-10 Commencement, Prosecution, and Completion Of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 15, 2019 after receipt of Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

https://acquisition.gov/far/current/html/52_248_253.html#wp1120047 https://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html http://acquisition.gov/far/current/html/52_246.html#wp1118709 https://acquisition.gov/far/current/html/52_246.html#wp1118901 https://acquisition.gov/far/current/html/52_241_244.html#wp1128875 https://acquisition.gov/far/current/html/52_207_211.html#wp1141217

Shasta-Trinity National Forest Page 7 of 24

SECTION G--CONTRACT ADMINISTRATION DATA

Post-Award Conference

A post award conference with the successful offeror may be scheduled after the date of contract award and held at a location mutually agreed upon between the Contracting Officer and the awarded contractor prior to start of work.

Invoice Submission Procedures

The "Submit Invoice-to" address for invoices on USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices for work performed under this contract shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S.

Department of Treasury and additional information is available at this website:

https://www.ipp.gov/index.htm.

After award of a contract, please make sure your company registers promptly at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account, there is no pre-award registration. PRIOR to starting the IPP enrollment process, please verify that the point of contact’s (POC’s) email address is current in the System for Award Management (SAM) account for your company (www.sam.gov). Recent update(s) to a SAM registration need time to process from a “Pending” to in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the POC identified in the SAM account. For assistance with questions on the IPP enrollment process, creating invoices, or uploading attachments to IPP please contact the IPP help desk phone number is 1-866-973-3131.

Invoices in IPP are the official request for payment. Supporting information is required for all construction progress payments and shall be attached to the IPP invoice.

The payment certification required in FAR 52.232-5 Payments under Fixed-Price Construction Contracts must be signed and submitted for each progress payment requested, A breakdown of billing, based on the pricing schedule along with the progress schedule, must be included as attachments to the IPP invoice.

Additionally, the government will verify the contractor’s compliance with the submission of certified payrolls for the invoiced timeframe as required in FAR Clause 52.222-8 Payrolls and Basic Records.

The Contractor shall submit payrolls weekly for each week in which any contract work is performed by the prime or any subcontractors. The copies shall be sent to the COR. Payrolls submitted shall set out accurately and completely all of the information required in the contract clause (form WH-347 is an optional form compliant with the requirement and is available for download at www.dol.gov). State or County government forms lack the specific certification requirement and are not acceptable without supplementation of the certification statement.

Invoices not complying with contract requirements will be rejected.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm http://www.sam.gov/ http://www.dol.gov/

Shasta-Trinity National Forest Page 8 of 24

SECTION H--SPECIAL CONTRACT REQUIREMENTS

Worker’s Compensation Insurance

The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone as an owner/operator is not required to carry the insurance.

Contractor License Requirements

Installer shall be l icensed in the State of California as a C-20 - Warm-Air Heating, Venti lat ing and Air-Condit ioning Contractor .

California Code of Regulations

Title 16, Division 8, Article 3. Classifications

A warm-air heating, ventilating and air-conditioning contractor fabricates, installs, maintains, services and repairs warm-air heating systems and water heating heat pumps, complete with warm-air appliances; ventilating systems complete with blowers and plenum chambers; air-conditioning systems complete with air-conditioning unit; and the ducts, registers, flues, humidity and thermostatic controls and air filters in connection with any of these systems. This classification shall include warm-air heating, ventilating and air-conditioning systems which utilize solar energy.

Authority cited: Sections 7008 and 7059, Reference: Sections 7058 and 7059 (Business and Professions Code)

Permits

Installer shall obtain a City of Mt Shasta permit and abide by all rules and inspection requirements of the permit. Installer to provide a copy of the permit to the Government before commencing work.

Warranty

Contractor will provide a 2 year labor and 10 year parts warranty. Contractor must be able to respond to warranty repairs within 24 hours of being notified.

Shasta-Trinity National Forest Page 9 of 24

PART II--CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

I-1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: www.acquisition.gov/far AGAR: https://www.dm.usda.gov/procurement/policy/agar.htm

52.204-7 System for Award Management (JUL 2013) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 2014) 52.222-6 Construction Wage Requirements (MAY 2014) 52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (MAY 2014) 52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) 52.222-12 Contract Termination - Debarment (MAY 2014) 52.222-13 Compliance with Davis-Bacon and Related Act Regulations (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY

2014) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-27 Affirmative Action Compliance Requirements for Construction (APR 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-55 Minimum Wages under Executive Order 13658 (DEC 2015)

52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an individual) 52.223-15 Energy Efficient in Energy Consuming Products (Dec 2007) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) 52.233-1 Disputes (MAY 2014) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) https://acquisition.gov/far/current/html/52_248_253.html#wp1120047 http://www.acquisition.gov/far https://www.dm.usda.gov/procurement/policy/agar.htm https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 https://acquisition.gov/far/current/html/52_217_221.html#wp1136004 https://acquisition.gov/far/current/html/52_222.html#wp1147479 https://acquisition.gov/far/current/html/52_222.html#wp1150718 https://acquisition.gov/far/current/html/52_222.html#wp1147505 https://acquisition.gov/far/current/html/52_222.html#wp1147521 https://acquisition.gov/far/current/html/52_222.html#wp1147526 https://acquisition.gov/far/current/html/52_222.html#wp1147541 https://acquisition.gov/far/current/html/52_222.html#wp1147548 file:///C:/Users/svincent02/Documents/Not%20fire/Contract%20Documents%202013/03Evaluating/x%20-%20To%20move%20to%20Awarded/MNF%20Soda%20Creek%20WH%20Roof%20-%20728645/Pre-Award/Working%20Docs/52.222-11 https://acquisition.gov/far/current/html/52_222.html#wp1147560 https://acquisition.gov/far/current/html/52_222.html#wp1147565 https://acquisition.gov/far/current/html/52_222.html#wp1147570 https://acquisition.gov/far/current/html/52_222.html#wp1147575 https://acquisition.gov/far/current/html/52_222.html#wp1147649 https://acquisition.gov/far/current/html/52_222.html#wp1147656 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1147739 https://acquisition.gov/far/current/html/52_222.html#wp1162802 https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://acquisition.gov/far/current/html/52_222.html#wp1163045 https://acquisition.gov/far/current/html/52_223_226.html#wp1168850 https://acquisition.gov/far/current/html/52_223_226.html#wp1169608 https://acquisition.gov/far/current/html/52_227.html#wp1139101 https://acquisition.gov/far/current/html/52_232.html#wp1152507 https://acquisition.gov/far/current/html/52_232.html#wp1152984 https://acquisition.gov/far/current/html/52_232.html#wp1153110 https://acquisition.gov/far/current/html/52_232.html#wp1153351 https://acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://acquisition.gov/far/current/html/52_233_240.html#wp1113329 https://acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://acquisition.gov/far/current/html/52_233_240.html#wp1113365 https://acquisition.gov/far/current/html/52_233_240.html#wp1113375 https://acquisition.gov/far/current/html/52_233_240.html#wp1113390 https://acquisition.gov/far/current/html/52_233_240.html#wp1113402

Shasta-Trinity National Forest Page 10 of 24

52.236-10 Operations and Storage Areas (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) 52.236-15 Schedules for Construction Contracts (APR 1984) 52.236-17 Layout of Work (APR 1984) 52.236-21 Specifications and Drawings for Construction (FEB 1997) 52.236-26 Preconstruction Conference (FEB 1995) 52.243-5 Changes and Changed Conditions (APR 1984) 52.244-6 Subcontracts for Commercial Items (FEB 2016) 52.246-21 Warranty of Construction (MAR 1994) 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short From) (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

INCORPORATED BY REFERENCE

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archeological or Historic Sites (FEB 1988) 452.236-76 Samples and Certificates (FEB 1988)

I.2 52.219-28 Post-Award Small Business Program Rerepresentation. (Jul 2013)

(a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

https://acquisition.gov/far/current/html/52_233_240.html#wp1113418 https://acquisition.gov/far/current/html/52_233_240.html#wp1113425 https://acquisition.gov/far/current/html/52_233_240.html#wp1113431 https://acquisition.gov/far/current/html/52_233_240.html#wp1113436 https://acquisition.gov/far/current/html/52_233_240.html#wp1113461 https://acquisition.gov/far/current/html/52_233_240.html#wp1113477 https://acquisition.gov/far/current/html/52_233_240.html#wp1113494 https://acquisition.gov/far/current/html/52_233_240.html#wp1113534 https://acquisition.gov/far/current/html/52_241_244.html#wp1129035 https://acquisition.gov/far/current/html/52_241_244.html#wp1129139 https://acquisition.gov/far/current/html/52_246.html#wp1119079 https://acquisition.gov/far/current/html/52_248_253.html#wp1119604 https://acquisition.gov/far/current/html/52_248_253.html#wp1119885 https://acquisition.gov/far/current/html/52_248_253.html#wp1120078 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23672 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23673 http://www.dm.usda.gov/procurement/policy/agar_x/agar04/subchaph.html#23676

Shasta-Trinity National Forest Page 11 of 24

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or

(g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it is, is not a small business concern under NAICS Code ______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

I.3 FAR 52.222-23 Notice of Requirement For Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered are, are as follows:

Goals for minority participation for each trade: 6.8% Goals for female participation for each trade: 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative actions obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4.

Compliance with the goals will be measured against the total work hours performed.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/far/current/html/52_222.html#wp1147671

Shasta-Trinity National Forest Page 12 of 24

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U. S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Shasta County, California.

I.4 FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

I.5 FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

(1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.

https://acquisition.gov/far/current/html/52_223_226.html#wp1168786 http://www.biopreferred.gov/ http://www.sam.gov/ http://acquisition.gov/far/current/html/52_223_226.html#wp1181056 http://www.epa.gov/cpg/ http://www.epa.gov/cpg/products.htm

Shasta-Trinity National Forest Page 13 of 24

I.6 FAR 52.225-9 Buy American - Construction Materials (MAY 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: _____NONE____

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or https://acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%2012_5.html#wp1077123

Shasta-Trinity National Forest Page 14 of 24

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

Shasta-Trinity National Forest Page 15 of 24

I. 7 FAR 52.228-13 Alternate Payment Protections (Jul 2000) **Applicable When Contract Exceeds $35,000.00**

(a) The Contractor shall submit one of the following payment protections:

(1) A payment bond; or

(2) An irrevocable letter of credit (ILC)

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA Forest Service.

I.8 FAR 52.215-8 Order of Precedence—Construction

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The Schedule (excluding the specifications).

(2) Representations and other instructions.

(3) Contract clauses.

(4) Other documents, exhibits, and attachments.

(5) The specifications.

(6) Drawings.

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

ATTACHMENT No. PAGES

1 Special Project Specifications 4

4 Wage Determination for Construction 44

Shasta-Trinity National Forest Page 16 of 24

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

K.1 FAR 52.204-8 Annual Representations and Certifications (Oct 2018)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $15 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of thisprovision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph

(d) of thisprovision instead of completing the corresponding individual representations and certifications in the solicitation. The Offerorshall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firmfixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

https://acquisition.gov/far/current/html/52_200_206.html#wp1140074

Shasta-Trinity National Forest Page 17 of 24

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include theclause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is notfor acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

Shasta-Trinity National Forest Page 18 of 24

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an…